Summary

In accordance with Section 1423(c)(3)(B) of the Safe Drinking Water Act (“Act”), 42 U.S.C. § 300h-2(c)(3)(B), and the “Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits” (“Consolidated Rules”) at 40 C.F.R. Part 22, notice is hereby given of a proposed settlement, recorded in a Consent Agreement and Proposed Final Order (“Proposed Consent Agreement”), between the U.S. Environmental Protection Agency, Region 9 (“EPA”), and Uilani Associates, Inc. to resolve the following civil administrative proceeding under Sections 1423(c)(3)(B) of the Act.

In the Matter of Uilani Associates, Inc.
Docket No. UIC-09-2018-0001

Pursuant to 40 C.F.R. § 22.13(b) and 22.18(b)(2) and (3), Complainant and Respondent entered into a Proposed Consent Agreement to simultaneously commence and conclude this SDWA civil administrative proceeding. The Proposed Consent Agreement requires Respondent to pay to the United States a penalty of six thousand dollars ($6,000.00). Payment of this penalty will resolve EPA’s allegations that the Respondent violated 40 C.F.R. § 144.88 by operating one (1) LCC after the ban on existing LCCs that took effect on April 5, 2005.

Complainant: Kathleen H. Johnson, Director, Enforcement Division, U.S. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

Respondent: Helene K. Fukamizu, President, Uilani Associates, Inc., 25312 Bowsprit Drive, Dana Point, California 92629

Facility: Uilani Plaza, Kamuela, Hawaii, 96743.

Description of Business or Activity Conducted by the Respondent: Multi-Tenant commercial property.

Alleged Violations: EPA alleges that Respondent owned and operated one large capacity cesspool in violation of the large capacity cesspool ban that took effect on April 5, 2005. 40 C.F.R. § 144.88.

Proposed Order and Penalty: $6,000

Date Filed with Regional Hearing Clerk: November 09, 2017